Shri Vilas Madhav Chunarkar v. State Of Mah., Thr. P.S.O. Ps Virur Tq Rajura Dist Chandrapur And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.1017/2019 Shri Vilas Madhav Chunarkar ..vs..

The State of Mah., thr. PS Virur, Tahsil Rajura, District Chandrapur and ors ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri A.D.Ramteke, Counsel for the Petitioner. Shri M.J.Khan, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : JANUARY 13, 2020.

1.

Respondent Nos.2 and 3 filed proceedings under the Protection of Women from Domestic Violence Act, 2005. Said proceedings were registered as Misc.Criminal Application No.137/2011 on the file of learned Judicial Magistrate First Class, Rajura. Notice was issued. In pursuance to the Notice, petitioner appeared before the said Court and filed an application for dismissal of the said miscellaneous criminal application. On 21.12.2013, learned 2nd Judicial Magistrate First Class, Rajura dismissed the application filed by the petitioner. Against the order of the dismissal by learned Magistrate on 21.12.2013, a statutory appeal was carried by the petitioner vide Criminal Appeal No.5/2014 in Court of learned Sessions Judge, Chandrapur. On 21.5.2019, learned Sessions Judge dismissed the appeal. Hence, the present criminal writ petition.

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Heard learned counsel Shri A.D.Ramteke for the petitioner.

3.

During course of submissions, learned counsel Shri A.D.Ramteke for the petitioner submitted that he wishes to withdraw the present criminal writ petition. He submitted that direction be given to learned Judicial Magistrate First Class, Rajura to decide Misc.Criminal Application No.137/2011 pending before the said Court within stipulated period.

4.

In this view of the matter, the criminal writ petition is disposed of as withdrawn. Learned Judicial Magistrate First Class, Rajura is directed to decide Misc.Criminal Application No.137/2011 pending before the said Court within a period of 9 months from date of receipt of writ of this order.

5.

It is made clear that all points agitated in this criminal writ petition are kept open.

With this, the criminal writ petition stands disposed of accordingly.

JUDGE !! BRW !!

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